BILL ANALYSIS �
AB 1532
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Date of Hearing: March 11, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1532 (Gatto) - As Introduced: January 21, 2014
SUMMARY : Requires that the privilege to operate a motor
vehicle shall be suspended for six months for any person
convicted of being a driver of a vehicle involved in an accident
where a person is struck, but not injured, and the driver of the
vehicle leaves the scene of the accident without exchanging
required information, as specified.
EXISTING LAW :
1)Provides that a court may suspend, for not more than six
months, the privilege of a person to operate a motor vehicle
upon conviction of any of the following offenses:
a) Failure of a driver involved in an accident, where
property is damaged, to stop and exchange specified
information;
b) Reckless driving proximately causing bodily injury;
c) Failure of a driver to stop at a railroad crossing as
required;
d) Evading or fleeing from a peace officer in a motor
vehicle or upon a bicycle; and,
e) Knowingly causing or participating in a vehicular
collision, or any other vehicular accident, for the purpose
of presenting or causing to be presented any false or
fraudulent insurance claim. (Veh. Code, �13201.)
2)States that the Department of Motor Vehicles (DMV) immediately
shall revoke the privilege of a person to operate a motor
vehicle upon receipt of a duly certified abstract of the
record of a court showing that the person has been convicted
of any of the following crimes or offenses:
a) Failure of the driver of a vehicle involved in an
AB 1532
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accident resulting in injury or death to stop or otherwise
comply, as specified;
b) A felony in which a motor vehicle is used, except as
specified; and,
c) Reckless driving causing bodily injury. (Veh. Code, �
13350, subd. (a).)
3)Provides that the driver of any vehicle involved in an
accident resulting in damage to any property, including
vehicle, shall immediately stop the vehicle and exchange
information, as specified, or leave in a conspicuous place on
the vehicle or other property damaged written notice giving
the name and address of the driver of the vehicle involved,
and the failure to comply with these requirements is a
misdemeanor punishable by imprisonment in a county jail not to
exceed six months, or by a fine not to exceed $1,000, or by
both a fine and imprisonment. (Veh. Code, � 20002.)
4)Requires the driver of any vehicle involved in an accident
resulting in injury to any person, other than himself or
herself, or in the death of any person shall immediately stop
the vehicle at the scene of the accident and shall fulfill
specified requirements, and the failure to comply is a
punishable by imprisonment in the state prison for16 months,
two, or three years or, by imprisonment in a county jail not
to exceed one year, or by a fine of not less than $1,000 nor
more than $10,000, or by both a fine and imprisonment. If the
accident results in death or permanent, serious injury, the
offense is punishable by imprisonment in the state prison for
two, three, or four years, or in a county jail for not less
than 90 days nor more than one year, or by a fine of not less
than $1,000 nor more than $10,000, or by both a fine and
imprisonment. (Veh. Code, � 20001, subd. (a) & (b).)
5)Provides that a person who flees the scene of the crime after
committing vehicular manslaughter with gross negligence or
vehicular manslaughter while intoxicated, upon conviction for
that offense, in addition and consecutive to the punishment
prescribed, shall be punished by an additional term of
imprisonment of 5 years in the state prison. Existing law
provides that this additional term shall not be imposed unless
the allegation is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of
fact. (Veh. Code, � 20001, subd. (c).)
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "There has been
a growing hit-and-run epidemic across the state. Nowhere has
it run more rampant than the Los Angeles area. A recent
investigation by L.A. Weekly found that nearly 20,000
hit-and-run crashes, everything from fender benders to
multiple fatalities, are recorded annually by the Los Angeles
Police Department. These incidents made up an astonishing 48
percent of all vehicle crashes in 2009, compared to an average
rate of just 11 percent nationwide. In spite of steps taken by
government to curb this epidemic, the situation has not been
getting any better, with reports of new hit-and-runs coming at
least once, sometimes twice a week.
"AB 1532 will force more drivers to take responsibility when
they strike another person with their vehicle. It will do so
by creating a new category of hit-and-run that is in between
the most severe instances (in which people are killed or
maimed) and the hit-and-run: property damage charge (which is
often a slap on the wrist). This measure would provide that if
a driver is charged with the latter and someone was struck,
then the driver would lose his or her driver's license for six
months upon being found guilty.
"This bill will provide justice for those victims of hit-and-run
whose perpetrators often get off with little or no punishment
for no reason other than that the victim's injuries were not
deemed serious enough. The fact remains that a person was
struck, major injury or not. A driver should always stop upon
striking another person with their vehicle, if for no other
reason than to determine the extent of injuries suffered. This
bill will force drivers to take responsibility for their
actions and provide real consequences, the loss of driving
privileges, when they don't."
2)Related Legislation : AB184 (Gatto), Chapter 765, Statutes of
2013, allows the prosecuting attorney to criminally charge a
person of fleeing the scene of an accident that causes death
or permanent, serious injury within one year after the person
is initially identified by law enforcement as a suspect in the
commission of the offense, or within the existing statute of
limitations, whichever is later, but in no case later than six
years after the commission of the offense.
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3)Argument in Support : Los Angeles Walks states, "AB 1532 would
begin the long process of better aligning penalties for
hit-and-run with the severity of the crime. There are basic
duties associated with having the privilege to operate a motor
vehicle. There is a duty of care, a duty to abide by the
vehicle code and a duty to stop and render aid in the event of
a collision. Drivers that do not respect these basic duties
do not deserve to maintain their driving privileges. We urge
the Legislature to restore the notion that driving is a
privilege, and that abusing that privilege will result in
losing it."
4)Argument in Opposition : The California Public Defenders
Association believes, "This bill is unnecessary. Existing law
already covers situations where a driver is involved in an
accident resulting in either injury or property damage. A
person can not however, be held criminally liable for acts or
events of which he was unaware. There must be a noise, an
impact, or some other indicator which places the driver on
notice that he has been in an accident. An alleged accident
with a pedestrian that is so minor that it causes no injury is
unlikely to produce such an indicator that the accident has in
fact occurred. Case law has held that when a pedestrian is
struck causing injury, the very nature of that injury is
circumstantial evidence that the driver must have been aware
of the impact, even if he claims not to have been. Thus, the
reverse is the case where there has been no injury, and the
driver is unaware that the impact occurred."
REGISTERED SUPPORT / OPPOSITION :
Support
Benjamin Franklin Elementary Foundation
Citizens for Law and Order
Crime Victims Action Alliance
Mayor, City of Los Angeles
Los Angeles Bicycle Coalition
Los Angeles Probation Officer's Union, ACFSME, Local 685
Los Angeles Protective League
Los Angeles Walks
Safe Routes to School national Partnership
Walk Bike Glendale
Walk San Francisco
Opposition
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California Public Defenders Association
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744